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While this enormous backlog is dealt with, there is growing concern over the status of these applicants still awaiting a decision and their right to work, despite the Withdrawal Agreement setting out that, pending a decision or any appeal against a refusal, EU nationals retain their legal right of residence in the UK as long as they were lawfully resident in the UK before the end of 2020.
Adam Williams, partner and immigration specialist at DMH Stallard law firm, told Express.co.uk: “We regularly hear from employers fearful of employing an EEA national who cannot now demonstrate status under the EUSS or some other appropriate evidence, of a right to work in the UK.
“Many will be unaware that the rights of EEA nationals should be preserved whilst their application to the EUSS is being considered by the Home Office, or of the recent Home Office statement that this will include those who made an application after the end of June 2021 deadline.”
Mr Williams advises anyone affected to ensure they are “informed about the Home Office’s current position” and, if necessary, “directing the employer to the right to work check guidance for those who have a pending EUSS application.”
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